AN ACT to amend and reenact section two, article five, chapter
forty-nine of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to providing
concurrent juvenile jurisdiction of circuit courts,
magistrate courts and municipal courts for violation of laws
prohibiting public intoxication, unlawful drinking,
possession or sale of alcoholic liquor, beverages or
nonintoxicating beer in a public place or illegal possession
of alcoholic liquor.

Be it enacted by the Legislature of West Virginia:

That section two, article five, chapter forty-nine of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:

(a) The circuit court has original jurisdiction of
proceedings brought under this article.(b) If during a criminal proceeding in any court it is
ascertained or appears that the defendant is under the age of
nineteen years and was under the age of eighteen years at the
time of the alleged offense, the matter shall be immediately
certified to the juvenile jurisdiction of the circuit court. The
circuit court shall assume jurisdiction of the case in the same
manner as cases which are originally instituted in the circuit
court by petition.(c) Notwithstanding any other provision of this article,
magistrate courts have concurrent juvenile jurisdiction with the
circuit court for a violation of a traffic law of West Virginia,
for a violation of section nine, article six, chapter sixty or
section nineteen, article sixteen, chapter eleven of this code,
or for any violation of chapter twenty of this code. Juveniles
are liable for punishment for violations of these laws in the
same manner as adults except that magistrate courts have no
jurisdiction to impose a sentence of incarceration for the
violation of these laws.(d) Notwithstanding any other provision of this article, municipal courts have concurrent juvenile jurisdiction with the
circuit court for a violation of any municipal ordinance
regulating traffic, for any municipal curfew ordinance which is
enforceable or for any municipal ordinance regulating or
prohibiting public intoxication, drinking or possessing alcoholic
liquor or nonintoxicating beer in public places, or any other act
prohibited by section nine, article six, chapter sixty or section
nineteen, article sixteen, chapter eleven of this code.
Municipal courts may impose the same punishment for these
violations as a circuit court exercising its juvenile
jurisdiction could properly impose, except that municipal courts
have no jurisdiction to impose a sentence of incarceration for
the violation of these laws.(e) A juvenile may be brought before the circuit court for
proceedings under this article only by the following means:(1) By a juvenile petition requesting that the juvenile be
adjudicated as a status offender or a juvenile delinquent; or(2) By certification or transfer to the juvenile
jurisdiction of the circuit court from the criminal jurisdiction
of the circuit court, from any foreign court, or from any
magistrate court or municipal court in West Virginia.(f) If a juvenile commits an act which would be a crime if
committed by an adult, and the juvenile is adjudicated delinquent for that act, the jurisdiction of the court which adjudged the
juvenile delinquent continues until the juvenile becomes
twenty-one years of age. The court has the same power over that
person that it had before he or she became an adult, and has the
further power to sentence that person to a term of incarceration:
Provided, That any such term of incarceration may not exceed six
months. This authority does not preclude the court from
exercising criminal jurisdiction over that person if he or she
violates the law after becoming an adult or if the proceedings
have been transferred to the court's criminal jurisdiction
pursuant to section ten of this article.(g) A juvenile is entitled to be admitted to bail or
recognizance in the same manner as an adult and shall be afforded
the protection guaranteed by Article III of the West Virginia
constitution.(h) A juvenile has the right to be effectively represented
by counsel at all stages of proceedings under the provisions of
this article. If the juvenile or the juvenile's parent or
custodian executes an affidavit showing that the juvenile cannot
afford an attorney, the court shall appoint an attorney, who
shall be paid in accordance with article twenty-one, chapter
twenty-nine of this code.(i) In all proceedings under this article, the juvenile shall be afforded a meaningful opportunity to be heard. This
includes the opportunity to testify and to present and
cross-examine witnesses. The general public shall be excluded
from all proceedings under this article except that persons whose
presence is requested by the parties and other persons whom the
circuit court determines have a legitimate interest in the
proceedings may attend: Provided, That in cases in which a
juvenile is accused of committing what would be a felony if the
juvenile were an adult, an alleged victim or his or her
representative may attend any related juvenile proceedings, at
the discretion of the presiding judicial officer: Provided,
however, That in any case in which the alleged victim is a
juvenile, he or she may be accompanied by his or her parents or
representative, at the discretion of the presiding judicial
officer.(j) At all adjudicatory hearings held under this article,
all procedural rights afforded to adults in criminal proceedings
shall be afforded the juvenile unless specifically provided
otherwise in this chapter.(k) At all adjudicatory hearings held under this article,
the rules of evidence applicable in criminal cases apply,
including the rule against written reports based upon hearsay.(l) Except for res gestae, extrajudicial statements made by a juvenile who has not attained fourteen years of age to
law-enforcement officials or while in custody are not admissible
unless those statements were made in the presence of the
juvenile's counsel. Except for res gestae, extrajudicial
statements made by a juvenile who has not attained sixteen years
of age but who is at least thirteen years of age to
law-enforcement officers or while in custody, are not admissible
unless made in the presence of the juvenile's counsel or made in
the presence of, and with the consent of, the juvenile's parent
or custodian, and the parent or custodian has been fully informed
regarding the juvenile's right to a prompt detention hearing, the
juvenile's right to counsel, including appointed counsel if the
juvenile cannot afford counsel, and the juvenile's privilege
against self-incrimination.(m) A transcript or recording shall be made of all transfer,
adjudicatory and dispositional hearings held in circuit court.
At the conclusion of each of these hearings, the circuit court
shall make findings of fact and conclusions of law, both of which
shall appear on the record. The court reporter shall furnish a
transcript of the proceedings at no charge to any indigent
juvenile who seeks review of any proceeding under this article if
an affidavit is filed stating that neither the juvenile nor the
juvenile's parents or custodian have the ability to pay for the transcript.